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HomeMy WebLinkAbout68-R-22 Authorizing the City Manager to Execute An Agreement with LEAP Concerning the Reimagining Public Safety Committee and Low-Priority 911 Calls10/10/2022 68-R-22 A RESOLUTION Authorizing the City Manager to Execute An Agreement with LEAP Concerning the Reimagining Public Safety Committee and Low-Priority 911 Calls Whereas, the City of Evanston, Cook County, Illinois (“City”), is a home rule unit of government and, pursuant to the provisions of Section 6(a) of Article VII of the Illinois Constitution, may exercise any power and perform any function pertaining to its government and affairs; and Whereas, the City has established a Reimagining Public Safety Committee to proactively build a new public safety strategy rooted in true prevention, accountability, and restoring community wellbeing; and Whereas, the Reimagining Public Safety Committee has explored carefully designed alternative ways to respond to low-priority 911 calls, so the police is not the default responder to these calls; and Whereas, the Law Enforcement Action Partnership (LEAP) is a nonprofit organization that has designed “community responder” programs tailored to specific cities around the country; and Whereas, the City seeks to enter into an Agreement with LEAP whereby LEAP staff will work with City Staff, the Reimagining Public Safety Committee, and the community to research and recommend new alternatives to respond to low-priority 911 calls; and ~1~ Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 1 of 15 68-R-22 ~2~ Whereas, the City will need a management analyst to administer the relationship between the City and LEAP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized to sign the Agreement with LEAP, attached hereto as Exhibit 1. SECTION 3: The City Manager, or his designee is hereby authorized and directed to negotiate any additional conditions or terms of the Agreement with LEAP as may be determined to be in the best interest of the City. SECTION 4: That this Resolution 68-R-22 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2022 Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel November 14 Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 2 of 15 68-R-22 ~3~ EXHIBIT 1 Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 3 of 15 PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered between the City of Evanston, Illinois (“City”), a municipal corporation in and of the State of Illinois, and Law Enforcement Action Partnership (“Consultant”), an international not-for-profit organization. This agreement is made and entered into on ___________________. WITNESSETH THAT: WHEREAS , The City is seeking professional services in the creation of a best-practice based plan for implementation of a Community Responder Model to handle some police calls for service; and, WHEREAS , Consultant represents that it is a skilled, experienced and competent consulting firm, with the personnel and knowledge to perform the professional services set forth hereinafter for the City. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: SECTION 1. CONSULTANT Consultant is a uniquely qualified vendor to provide a best-practice based plan for implementation of a Community Responder Model for the City. The organization is composed of police, prosecutors, judges, and other law enforcement officials advocating for criminal justice and drug policy reform that will make communities safer and more just. They are dedicated to and specialize in the area of police-community relations, and they have worked with numerous other communities throughout the country in the development of Community Responder Models. SECTION 2. SCOPE OF SERVICES The Consultant will undertake and provide the City with all services as detailed in the scope of services attached as Exhibit A (“Services”). SECTION 3. PAYMENT The remuneration for the Services shall be for an amount not to exceed Fifteen Thousand Dollars and Zero Cents ($15,000.00) for the performance of tasks during the term. Consultant shall submit invoices for payment on a quarterly basis. Such invoices shall detail the Services provided during the invoice period, list the total charges for such Services, and total amount of reimbursable expenses incurred during the invoice period, listed by category and type of expense. All invoices shall be accompanied by such supporting documentation and information substantiating the invoiced amount or expenses incurred, as may be requested by the Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 4 of 15 City. The City shall tender payment in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. SECTION 4. LIMITATIONS ON ASSIGNMENT AND SUBCONTRACTING The City is relying upon the professional skill and experience of Consultant. Therefore, assignment or subcontracting of this Agreement by Consultant is prohibited, without the prior written consent of the City. SECTION 5. TERMINATION A. Termination of Agreement for Cause . If, through any cause, Consultant fails to fulfill in a timely and proper manner its obligations under this Agreement, or if Consultant defaults in the performance of any terms or conditions of this Agreement, the City shall have the right to terminate this Agreement by giving written notice to Consultant specifying the effective date of the termination, at least five (5) days before such effective date. In the event of such termination, Consultant will be paid for the Services actually performed and reasonable expenses incurred up to the effective date of termination. B. Termination of Agreement without Cause . The City may terminate this Agreement at any time and without cause upon giving Consultant twenty (20) days prior written notice. The notice of termination shall be made by mailing written notice to Consultant by certified mail to its usual place of business. If such termination occurs, Consultant will be paid for the Services actually performed and reasonable expenses incurred up to the effective date of termination. SECTION 6. TERM This Agreement shall commence upon the full execution of this Agreement, as indicated by the date entered above, and it shall expire on September 30, 2023 unless earlier terminated or extended by mutual written agreement. SECTION 7. DISPUTE RESOLUTION If during the term of this Agreement the parties are unable to resolve a dispute or controversy among themselves, prior to instituting any court action the parties shall first try, in good faith, to settle the dispute by non-binding mediation. All mediation proceedings shall take place in Cook County, Illinois. Each party shall bear the costs of mediation themselves. SECTION 8. INSURANCE Consultant shall, at its expense, maintain with an insurance company authorized to do business in the State of Illinois and having at least an “A” rating from A.M. Best, no less than the following insurance: Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 5 of 15 A. Professional Liability/Errors and Omissions Insurance, with a One Million Dollar and Zero Cents ($1,000,000.00) annual aggregate. This annual aggregate amount requirement for professional liability / errors and omissions may be met on a combined basis, i.e., by combining such insurance maintained by Consultant with similar insurance maintained by any subcontractor (to the extent that a subcontractor is consented to by the City through the process described above in this Agreement). B. General Liability Insurance, with a combined single limit of One Million Dollars and Zero Cents ($1,000,000.00) per occurrence and One Million Dollars and Zero Cents ($1,000,000.00) in the aggregate. Consultant shall also provide, upon the City’s request, complete copies of any insurance policies required hereunder. SECTION 9. CONFIDENTIALITY Due to the nature of the Services to be provided by Consultant hereunder, Consultant agrees that all work product, including, but not limited to, all documents, databases, reports, opinions, and information prepared hereunder and/or furnished to Consultant by the City, is confidential, and shall not be divulged, in whole or in part, to any person or entity, other than duly authorized representatives of the City, without prior written approval of the City; but excepting therefrom, instances wherein disclosure is required by law, including by order of a court of competent jurisdiction or disclosure under oath in a judicial proceeding. Consultant shall take all necessary steps to ensure that all its employees, agents, and/or contractors abide by and adhere to this confidentiality requirement. If, during the term of this Agreement, Consultant comes into possession of documents, data, reports, opinions or other information of the City and not prepared by Consultant, Consultant agrees to destroy and delete such documents, data, reports, opinions and other information at the termination of this Agreement pursuant to the Data Privacy Agreement between the Parties executed May 23, 2022. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemption to the disclosure of such records or part thereof is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 6 of 15 SECTION 10. CONFLICT OF INTEREST The City recognizes that Consultant does not provide Services exclusively to the City. During the term of this Agreement, Consultant agrees not to accept employment, or to perform for or on behalf of another client for which a conflict of interest between the City and Consultant would be created, without the prior written consent of the City and Consultant. Assisting other communities with grant or loan applications that may be in competition with the City is not considered a conflict of interest, but Consultant will disclose, subject to confidentiality obligations, any such projects to the City prior to accepting the engagement. SECTION 11. INDEMNIFICATION To the full extent permitted by law, Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, agents, and employees from and against all claims, demands, losses, and expenses, including but not limited to reasonable attorneys' fees, to the extent arising out of or resulting in whole or in part from any negligent act or omission, and/or from any failure to perform Consultant's duties under this Agreement, attributable to Consultant its employees, agents, and subcontractors, and any other person or entity for whose conduct Consultant may be liable under Illinois law. SECTION 12. RECORDS Consultant shall use Generally Accepted Accounting Principles (“GAAP”) in recording and documenting all costs and expenditures related in whole or part to the performance of this Agreement. Such costs and expenditures shall be supported by time records, invoices, contracts, vouchers, or other accounting documents pertaining in whole or in part to this Agreement and shall be clearly identified and readily accessible to the City. At any time during normal business hours and as often as the City may deem necessary, Consultant shall make available to the City and/or its designees all of its records with respect to all matters covered under this Agreement. Consultant will permit the City and/or its designees to audit, examine, and make excerpts or transcripts from such records. If Consultant performs an independent audit of business financial records, Consultant shall require the company or auditor to comply with all applicable GAAP standards that have been developed by the American Institute of Certified Public Accountants. SECTION 13. MISCELLANEOUS A. Non-Discrimination . Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, ancestry, national origin, place of birth, age, marital status, or handicap with respect to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, lay-off, termination, rates of pay or other forms of compensation, or selection for training, including apprenticeship. Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 7 of 15 B. Remedies . The remedies provided in this Agreement are cumulative. Delay or forbearance in the enforcement of any right under this Agreement shall not be deemed a waiver of, or estoppel against the exercise of such right. C. Entire Agreement . This Agreement, together with all Exhibits referred to herein, represents the entire and integrated Agreement between the City and Consultant and supersedes all prior negotiations, representations, and Agreements regarding the subject hereof, whether oral or written. D. Independent Contractor Status . By executing this Agreement for Services, Consultant acknowledges and agrees that it will be Services to the City as an “independent contractor.” As an independent contractor for the City, Consultant shall be prohibited from representing or allowing others to construe the parties’ relationship in a manner inconsistent with this subsection. Consultant shall have no authority to assume or create any obligation on behalf of, or in the name of the City, without the express prior written approval of a duly authorized representative of the City. Consultant, its employees and any approved subcontractors performing the duties and responsibilities under this Agreement are not City employees, and therefore, such persons shall not be entitled to, nor will they make a claim for, any of the emoluments of employment with the City. Further, Consultant shall be responsible to withhold and pay, or cause such agents and subcontractors to withhold and pay, all applicable local, state and federal taxes. Consultant acknowledges its employees are not public employees for purposes of State Employees Retirement System of Illinois (“SERS”) membership. E. Amendment . This Agreement may be amended by mutual agreement between the City and Consultant. Any such amendment shall be reduced to a writing, which makes specific reference to this Agreement, approved by the City Council of Evanston or designee and executed by a duly authorized representative of each party. F. Applicable Law and Venue . This Agreement shall be governed and construed under the laws of the State of Illinois. By execution hereof, Consultant irrevocably submits to the original jurisdiction of the courts located within Cook County, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning the execution or performance of this Agreement. G. Notices . Any notice required under this Agreement shall be deemed to have been given on the date actually received or forty-eight (48) hours having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the parties as set forth below, whichever occurs earlier. Either party may change its address by written notice given in this manner. Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 8 of 15 If to the City: City of Evanston, Illinois City of Evanston Law Department 2100 Ridge Ave Evanston, Illinois, 60201 If to Consultant: Law Enforcement Action Partnership 121 Mystic Ave, Suite 9 Medford, MA 02155 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 9 of 15 IN WITNESS WHEREOF , the City and Consultant, each by a duly authorized representative, have executed this Agreement as of the date first set forth below. CITY OF EVANSTON LAW ENFORCEMENT ACTION PARTNERSHIP ____________________________ ____________________________ ____________________________ ____________________________ Title Title ____________________________ ____________________________ Date Date APPROVED AS TO FORM AND CORRECTNESS: ____________________________ Corporation Counsel Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 10 of 15 EXHIBIT A Scope of Services Purpose In most cities, police are the default responders for most 911 calls. Many of these calls are related to low-priority and low-risk quality-of-life issues. When all of these calls fall on the police’s shoulders, they are forced into mediator roles for which they have not been trained, they have less time to focus on serious crime, and they run the risk of negative interactions and uses of force. All of these issues can break down community trust in police, which is essential for police to effectively prevent and solve crime. Evanston is already a leader in developing local innovations to address this issue and send the right responder to each 911 call. The city is working with Trilogy Behavioral Healthcare to provide a trained clinician first response for calls for service related to mental health and substance use. Outside of this behavioral health response program, Evanston has convened a Reimagining Public Safety Committee to work proactively to build a new public safety strategy rooted in true prevention, accountability, and restoring community wellbeing. The Reimagining Public Safety Committee is considering expanded response options for other low-priority calls for service, such as juvenile complaints, neighbor disputes, noise complaints, and disturbances. Other jurisdictions have shown that the entire community benefits when these low-priority calls can be taken off the police’s plate and handled through a carefully designed alternative. For example, Dayton, Ohio is demonstrating that calls related to conflict resolution can often be handled by responders who specialize in mediation. By sending the right responder to each 911 call, cities are rebuilding the trust of citizens and improving public health and safety. The Law Enforcement Action Partnership (LEAP) applauds Evanston’s leadership in resolving to find common-sense alternatives to help shoulder the burdens currently placed on police. LEAP is a nonprofit organization that has designed expanded response programs tailored to specific cities around the country. LEAP conducts research on existing programs, investigates local 911 call data, talks to a broad range of city stakeholders to understand local resources and priorities, and recommends a locally-tailored design. LEAP brings in police representatives to vet program safety and build trust with local law enforcement. Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 11 of 15 Through this scope of work, LEAP will help the city ensure that Evanston community members receive effective responses to calls for service that resolve conflict, free up police resources, and improve public trust. Scope Summary 1. LEAP will work with the Reimagining Public Safety Committee to identify the potential to expand Evanston’s first responses to low-level calls for service, including calls related to conflict resolution (e.g. noise complaints, neighbor disputes, juvenile disturbances, landlord-tenant disputes, trespassing, loitering). a. LEAP will : i. Conduct analysis of police calls-for-service data ii. Lead regular meetings with police, dispatch, and other stakeholders to understand current city practices and needs and to keep stakeholders involved throughout the process. iii. Research existing expanded response programs across the country, including community responder models, community service officer models, and telephone reporting units. iv. Conduct regular meetings with the Reimagining Public Safety Committee on expanded response recommendations for Evanston. v. Combine the learning from items i-iv to recommend a tailor-made, detailed expanded response design for Evanston. b. The Reimagining Public Safety Committee and Evanston City Council will : i. Assist LEAP in connecting with police and dispatch stakeholders ii. Arrange for regular meetings so that LEAP can discuss process, results, and strategy with the Reimagining Public Safety Committee. iii. Arrange for LEAP to present recommendations to the City Council. 2. LEAP will guide Evanston to consider and design expanded response alternatives for: a. “Administrative alternatives" that prevent a significant share of unnecessary in-person patrol responses (e.g. non-injury accident reports, minor theft with no evidence) Contractual Details Timeline of Deliverables 1. LEAP will report back to Reimagining Public Safety Committee on a biweekly or monthly basis to discuss progress on data acquisition, data analysis, stakeholder meetings, and existing model research 2. Within 1 month of contract execution: Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 12 of 15 a. LEAP expects to: i. Begin detailed analysis of calls for service data ii. Schedule and begin regular meetings with police and dispatch 3. Within 4 months of contract execution: a. LEAP expects to: i. Present initial results of analysis showing potential for expanded response to Reimagining Public Safety Committee 4. Within 6 months of contract execution: a. LEAP expects to: i. Present expanded response recommendations to Reimagining Public Safety Committee and city council Cost 1. LEAP is able to offer these services at below their cost by seeking outside funding from individuals and foundations who see the value of community responder programs. 2. LEAP will provide all services detailed above for an amount not to exceed $15,000 . Scope Details i. Analysis of calls for service data Evanston should understand the areas where it is currently relying on police to provide responses that could be handled effectively without an in-person patrol response. By understanding the volume of citizen-initiated calls that could be handled instead by community responders and administrative alternatives, Evanston can improve connection to services, reduce negative police-community interactions, allow police to focus on real crime, and save money. LEAP’s raw data analysis allows LEAP to answer questions such as: 1. What are the call types and call volumes that could be handled by community responders and other alternatives? 2. What percent of calls in each of those types should still be directed to police because they involve violence, weapons, or serious crimes? 3. Are police currently responding to most of these calls? 4. What is the current police response time and time spent on scene for these calls? 5. How many of these calls are currently ending with an arrest or a police report? 6. How many arrests and citations could potentially be avoided by sending community responders to these calls instead of police? 7. What skills will be most important for the major call types handled by community responders? Is it most important for them to have experience as behavioral health peers, clinicians, paramedics, credible messengers, mediators, harm reduction specialists, or other service providers? 8. What is the ideal timing of shifts to maximize call volume handled by responders? Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 13 of 15 9. Which city service providers, businesses, and other key locations are responsible for significant numbers of calls and should be involved in the design? LEAP will present the data analysis and what it means for the community responder model, from call volume to call types, responder credentials, staffing, hours, and other details. ii. Asset mapping of Evanston resources Evanston should tailor its model to the existing city and county landscape. To assist with this, LEAP’s law enforcement validators will participate in conversations with police, dispatch, and other key stakeholders to understand the current first response system and secure buy-in for expanded response opportunities. 1. Key features of community responder model : a. Safety: how to address responder safety and liability issues b. Dispatch: how calls come in to dispatch, what call types should be handled by community responders, how calls should be screened, how dispatch should contact responders c. Responders: what agency should house responders, what skills and qualities to look for in responders, how to design training d. Coverage: what hours should be covered, what response time should be expected, how many teams should be hired e. Relationship with police: how police can refer calls, how responders can call for police support when needed f. Service connections: which complementary services should be connected to responders for drop-off, referral, and follow-up g. Implementation: what stages should be completed on the way to program launch, on what timeline h. Budget: what budget is estimated for the program i. Evaluation: how to evaluate performance of program, how to build evaluation into program design 2. Stakeholders : City public safety and emergency communications agencies, city leadership, behavioral health agencies, mediation centers, street outreach organizations, locations that frequently call 911, other service providers. iii. Research on existing models LEAP will work with Evanston to identify which features of the recommended models are already in place in other jurisdictions, and which features/needs are unique to Evanston. When LEAP makes recommendations for key model features, we will also provide information on how the model compares in each key feature to existing Community Responder models and provide connections to key contacts in those jurisdictions. 1. Key features of models : See list in b ( asset mapping ). Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 14 of 15 2. Models : LEAP has studied available documents and engaged in dozens of research conversations to gain a detailed understanding of existing expanded response models from Denver and Eugene to Olympia, Austin, Baltimore, Dayton, Atlanta, Albuquerque, San Francisco, Louisville, Amherst, Portland, St. Petersburg, Houston, and several other cities. Doc ID: c021f97fdd2e7f9444d292d746be93678127f05bPage 15 of 15